Bill Text: NY A04938 | 2023-2024 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Prohibits the sale of lithium-ion batteries used in micromobility devices, bicycles with electric assist or limited use motorcycles unless such batteries are manufactured in accordance with certain standards and specifications; provides a civil penalty; authorizes district attorneys, county attorneys, and corporation counsel to have concurrent authority to seek the relief.

Spectrum: Partisan Bill (Democrat 18-0)

Status: (Engrossed) 2024-05-06 - RECOMMITTED TO CONSUMER PROTECTION [A04938 Detail]

Download: New_York-2023-A04938-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         4938--A

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 27, 2023
                                       ___________

        Introduced  by  M.  of  A. DINOWITZ, RAGA, HEVESI, COLTON, BORES, SIMON,
          GLICK, SEAWRIGHT, OTIS -- read once and referred to the  Committee  on
          Consumer Affairs and Protection -- committee discharged, bill amended,
          ordered reprinted as amended and recommitted to said committee

        AN ACT to amend the general business law, in relation to the manufacture
          and sale of lithium-ion batteries

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The general business law is amended by adding a new section
     2  391-w to read as follows:
     3    § 391-w. Lithium-ion battery standards. 1. No person,  firm,  partner-
     4  ship,  association  or corporation shall manufacture, distribute or sell
     5  in this state any lithium-ion batteries or chargers, as applicable, that
     6  have not been certified by a nationally  recognized  testing  laboratory
     7  with  the  following standards or specifications or any successor stand-
     8  ards or specifications, within its scope of recognition:
     9    (a) the Underwriters Laboratories: UL 1642, UL 1973, UL 2054, UL 2271,
    10  UL 2272, UL 2580, UL 62133-2, UL 2849, and UL 9540;
    11    (b) the American National Standards Institute: ANSI C18; or
    12    (c) the Society of Automotive & Aerospace Engineering: SAE  J2464  and
    13  SAE J2929.
    14    2.  Such  certification  or  the  logo,  wordmark,  or  name  of  such
    15  nationally recognized testing laboratory must be displayed on  packaging
    16  or  documentation at the time of sale for the product or directly on the
    17  product itself.
    18    3. A violation of this section shall be punishable by a civil  penalty
    19  of five hundred dollars for the first violation and one thousand dollars
    20  for each subsequent violation.
    21    §  2.  This  act shall take effect on the ninetieth day after it shall
    22  have become a law.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08938-03-3